ALI IMAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement and order of conviction dated December 18, 2019 and the order of sentence dated December 19, 2019 passed in Sessions Trial No. 3 (12)/2015 Special POCSO case No. 44 of 2015 passed by the learned Additional District and Sessions Judge Bench -II, City Sessions Court, Kolkata.

(2.) By the impugned judgement and order of conviction dated December 18, 2019, the appellant has been found guilty under Ss. 4/8/12 of the Protection of Children from Sexual Offences Act, 2012 and under Sec. 506 of the Indian Penal Code, 1860. By the impugned order of sentence dated December 19, 2019, the appellant has been sentenced to suffer rigorous imprisonments for varying periods for the offences he has been found guilty of. He has also been directed to pay fines of various amounts and in default to undergo rigorous imprisonment. All the sentences had been directed to run concurrently. The victim boy had been awarded compensation in final form of Rs.50,000.00 under Sec. 357 (2) of the Criminal Procedure Code and the State Legal Services Authority, Government of West Bengal had been directed to pay the compensation amount to the victim boy.

(3.) The prosecution had approached the trial court with a case that, the prosecution witness No. 2 had filed a written complaint with the Park Street police station on September 19, 2015 alleging that on such date at about 2 PM, his son, the victim herein, aged about 11 years, came home. At that time the victim was mentally disturbed and was crying. The victim boy had narrated an incident happening with him and stated that on such date, when the victim was coming home from the saloon, the appellant, residing at the third floor of the same premises, took the victim to the flat of the appellant. The appellant had motivated the victim to be naked and act in a bad sense. The appellant had kissed the victim boy made the victim boy naked and sexually abused the victim. The appellant had committed unnatural intercourse with the victim at his rectum. Thereafter, the appellant had threatened the victim by stating that if the victim disclosed the incident to anybody else, the appellant would kill him.